APHC010054992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2865/2025 Between: Vemparala Nagamani ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. P SHREE RAM Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.2865 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus declaring the Impugned notice issued by the 5th respondent herein vide Roc.No.12/2025, dt.24.01.2025 as illegal, arbitrary, against the principles of natural justice and violation of the fundamental rights enshrined in Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents to consider explanation and conduct a thorough enquiry and to pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The 5th respondent/Panchayat Secretary, Mulapadu Gram Panchayat has issued a notice in Roc.No.12/2025, dated 24.01.2025 granting three months time to the petitioner to remove the encroached construction made adjacent to the NH 65 to Boddurayi, failing which, the 5th respondent will remove the same and will collect the costs from the petitioner herein. 4. Assailing the said notice, the present writ petition is filed on the ground that the petitioner has constructed the entire building including 3 compound wall, after obtaining necessary permissions from the authorities and has not encroached upon the public property. 5. Learned counsel for the petitioner would submit that the respondents are highhandedly marked the portion of the subject property of the petitioner, and threatened that they will demolish the subject property to the extent they marked. If at all, the 5th respondent intended to lay a public road, they would acquire the property by way of due process as established by law. In furtherance of the above contention, it is stated that the respondent authorities cannot issue the contested memo claiming that a survey was conducted without first carrying out a proper survey. Therefore, it is urged that the authorities be instructed to conduct survey in the presence of the petitioner. 6. Learned counsel for the petitioner further submits that the petitioner was already submitted explanation to the notice dated 24.01.2025 and without considering the same, the respondents are taking hectic steps for the demolition of the property and urged this Court to protect the interest of the petitioner till the disposal of the explanation offered by the petitioner. 7. In view of the aforesaid circumstances, this Court is inclined to dispose of the writ petition directing the respondents to conduct survey in the presence of the petitioner before initiating any action against the subject property of the petitioner and further directing the respondents to examine the explanation submitted by the petitioner and pass 4 appropriate orders in accordance with law. Till such time, the respondents are directed not to take any coercive steps against the subject property of the petitioner. 8. Accordingly, the Writ Petition is disposed of. There shall be no orders as costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 04.02.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 2865 of 2025 Date : 04.02.2025 SPP